EMBARGO UNTIL DELIVERY
30.09.2008

Communication from the Committee of Ministers

presented by Frank BELFRAGE

State Secretary for Foreign Affairs of Sweden, representing the Chairmanship of the Committee of Ministers

on the occasion of the fourth part of the 2008 Ordinary Session of the Council of Europe Parliamentary Assembly

(Strasbourg, 29 September-3 October 2008)

Mr President, Mr Secretary General, Ladies and Gentlemen,

It is an honour for me to be here in Strasbourg and to address you all in this assembly on behalf of the Swedish Chairmanship of the Committee of Ministers.

As representative of the Chair I find it fitting to set my report to you squarely in the frame of the values on which the Council of Europe were built almost 60 years ago – democracy, human rights and the rule of law.

The raison d’être of the Council of Europe – is as we all know to secure future peace and prosperity in our part of the world. Foreign Minister Carl Bildt reminded us in his June speech that we never can take peace for granted.

Almost 20 years ago President Gorbachev spoke in this assembly where he referred to “the common European home”.

This summer’s tragic events in Georgia have shown that we still have a lot of work ahead in building “the common European home”. And how right it is to keep reminding that we must not take peace for granted…

The conflict within Georgia and between the Russian Federation and Georgia is a serious challenge to the international community as whole, endangering European peace and stability and consequently a serious challenge to the Council of Europe and the values it stands for.

There have been violations of the Statute of the Organisation as well as the obligations and commitments undertaken by the two member states.

The undertaking to settle disputes by peaceful means, as well as other specific commitments made at the accession of both the Russian Federation and Georgia, have been ignored.

The Statute’s fundamental principles of co-operation and respect for international law - in particular state sovereignty, the right to territorial integrity and the inviolability of frontiers of states - have been infringed through military action.

It is the Chairman's view that the Georgian actions on its territory must be seen in the light of Georgia's obligations under human rights and international humanitarian law. The methods that were used by Georgia to control its territory raises serious concerns as to their compatibility with its obligations.

However, the military actions undertaken by Georgia, on its territory, can never be seen as an aggression towards the Russian Federation which would trigger the latter's right to self-defence. It is furthermore clear, that since it contravenes international law when a State uses military force to protect its citizens in another State, the Russian Federation’s large-scale military actions in Georgia can not be justified as self-defence.

Nor is the protection of peace-keeping forces such a basis for the use of force under International law. The use of military force by and in support of peace-keeping forces is governed by the mandate and other rules pertaining to them. The large-scale military action by the Russian Federation against Georgia cannot be justified on these grounds.

The conflict in Georgia has received the full attention of the Committee of Ministers. The Chairman concluded and I quote: The armed conflict between the Russian Federation and Georgia within Georgia, and its consequences for the respect of the principles and standards of the Council of Europe are of utmost concern. The situation is a serious challenge to the organisation and the values it stands for. Security and development must be based on a peaceful settlement of national and international conflicts as well as respect for the sovereignty and territorial integrity of states. Business as usual is not an option for a value centered organisation designed to be the guardian of human rights, democracy and the rule of law.

Following the Russian Federation’s recognition of Abkhazia and South Ossetia, the Chairman made a statement, in which he condemned this decision and underlined that it seriously jeopardised the possibility of a peaceful resolution of the conflict in line with the principles of international law, and blatantly contradicted the fundamental principles of the Council of Europe.

This, and the steps taken by other Council of Europe bodies, in particular the Parliamentary Assembly and the Commissioner for Human Rights, have been detailed in the Chairmanship's report to the extra informal meeting of the Committee of Ministers which took place on 24 September in New York, in the margin of the UN General Assembly, with 32 ministers participating. I understand the report has been distributed to you, together with the Chairman's summing-up of the meeting.

In short, the meeting reaffirmed the seriousness of the conflict and its consequences. The conflict has caused loss of human life and great suffering among populations, including a large number of displaced persons, as well as consequences for the democratic security on the region. This requires a clear response from the Committee of Ministers in line with the Council of Europe’s core objective of preserving and promoting human rights, democracy and the rule of law. The summing-up suggests that enhanced monitoring by the Committee of Ministers of the Russian Federation's and Georgia's obligations and commitments to the Council of Europe should be established. The results should serve as a basis for the Committee of Ministers to decide on action, in particular co-operation and assistance, with the aim to ensure respect for Council of Europe principles and standards. The co-operation between the Council of Europe and the Russian Federation and Georgia, respectively, should be enhanced in order to strengthen the implementation of human rights, democracy and the rule of law. An enhanced Council of Europe presence in the two countries could be necessary. This means reallocation of resources. The meeting supported the six principles for urgent protection of humanitarian rights and humanitarian security, set out by the Commissioner in the special report he published on 8 September 2008. It is paying particular attention to the contribution the Council of Europe can make to implement them.

The Chairmanship is closely following your Assembly’s urgent debate on the consequences of the war between Georgia and Russia this week. The Assembly’s contribution in terms of gathering information on the current situation on the ground and identifying proposals for future action is of great value to the Committee of Ministers.

Throughout the crisis, the Chairmanship has had very close contacts with the other international bodies concerned, in particular the United Nations, the European Union and the OSCE.

On 15 September, Foreign Minister Bildt together with the OSCE Chairman-in- Office, the Foreign Minister of Finland, Mr Alexander Stubb, met for a high-level meeting between the two organisations and called for a strict adherence to the six-point ceasefire agreement which was mediated by the French European Union Presidency.

In accordance with the six-point plan, Minister Stubb and Minister Bildt noted that it is fundamental that the Russian Federation troops return to their positions held prior to 7 August. They also recalled that as member states of the Council of Europe and participating states of the OSCE, both Russia and Georgia are bound by human rights obligations and commitments, which must be respected in all circumstances.

Mr President, I assume that you have all received the written communication of the Swedish Chair providing you with details on the progress of the Committee’s work over recent months. I will highlight a couple of points that are also particularly important to the Swedish Chairmanship.

Sweden continues to work in line with our main priority to implement the Warsaw decision to focus on core issues – to make rights real for the European citizens.

The Swedish Chairmanship has pursued its action in favour of consolidating the Council of Europe system of human rights protection. Following the Colloquy entitled “towards stronger implementation of the ECHR at national level” held in Stockholm on 9-10 June, concrete proposals for action will be submitted to the Committee of Ministers next week.

Efforts for implementing the Convention at the national level are extremely important. If rights are guaranteed at the national level, there is no need to turn to Strasbourg for help.

The European Convention on Human Rights and the European Court of Human Rights are our most important instruments for achieving this. This is why we believe it is essential to ratify Protocol 14 so that we can move ahead with the reforms required to make the court more efficient.

The responsibility for the effective functioning of the Convention system lies with the 47 member states of the Council of Europe, collectively. Ratification of Protocol 14 by the Russian Federation remains of key importance for protecting the Court against an excessive workload and I, once again, urge the Russian Federation to ratify the protocol.

A large number of individual applications have come in to the court linked to the conflict in Georgia. Also inter-state cases have been brought to the court. This will require significant attention and resources for many years which further increases the need for reforms.

Should the implementation of Protocol 14 remain in suspense I believe the countries who want to see an efficient court and believe in the importance of it will have to move on and find another way forward.

Increased coordination between international organisations on human rights and rule of law related issues is something the Swedish Chairmanship finds important. Priorities have therefore been to have high-level meetings with the OSCE and the European Union during our chairmanship.

AS mentioned previously a high-level meeting between the Council of Europe and the OSCE was held on the September 15. Besides discussing Georgia and the actions taken by the organisations, they discussed cooperation between the two organisations and election-related issues.

On 20 October a quadripartite meeting with European Union will be held in Strasbourg.

Cooperation with the UN is also important. A draft resolution on co-operation between the United Nations and the Council of Europe has been approved by the Ministers’ Deputies and transmitted to the United Nations Secretariat with a view to its consideration by the General Assembly in the autumn. The Swedish Chairmanship will make every effort to ensure that the a resolution is adopted through consensus.

I would like to bring up one issue, close to your heart and to that of the Swedish Chairmanship. It is about making rights real for young European citizens, those under the age of 18, the children who will shape our common future.

At a high-level Conference “Building a Europe for and with children: towards a strategy for 2009-2011” organised in Stockholm in September as a Chairmanship event, a future strategy for children’s rights within the Council of Europe was discussed.

The conclusions of the Conference indicated three priority areas for Council of Europe action in the coming years: promotion of children’s access to justice, eradication of all forms of violence against children and participation of children and their influence in society.

Based on the Conference conclusions a strategy for 2009-2011 will now be elaborated by the Ministers’ Deputies, with a view to its adoption at the handover meeting between Sweden and Spain on 27 November.

The Council of Europe campaign “Raise your hand against smacking" was referred to extensively at the Conference, where Her Majesty Queen Silvia, and more than 20 members of governments of our member states signed the postcards which symbolise the Council of Europe’s commitment to eliminating all forms of corporal punishment of children.

This is fully in line with this Assembly’s call for making Europe a zone free from corporal punishment. It is about making rights real for children, in the same way they are made real for adults.

Preparations are also being made for two other conferences which the Chairmanship will hold. First a conference on protecting and promoting the Rights of Persons with Disabilities in Europe. Towards full participation, inclusion and empowerment, 29-30 October in Strasbourg, organised together with the Nordic Council of Ministers. Secondly a conference on systematic work for human rights implementation titled: Rights Work. This will be held in Stockholm in the beginning of November.

The Swedish Chairmanship will, together with the chairmanship of European Union, organise a joint event on 10 October to highlight to International Death Penalty Abolition Day. This is something we feel very strongly for, just as the Council of Europe does, and have therefore made an effort to highlight this day during our chairmanship.

The expectations of the international community for free and democratic parliamentary elections in Belarus where unfortunately not met. Yesterdays report from the OSCE and ODHIR is quite clear in this respect. The Swedish Chairmanship adds its voice to those who sincerely regret that the Belarusian regime did not seize this opportunity to take further steps towards greater respect for democratic values and human rights.

The elections in Belarus clearly demonstrate the need to continue to support democratic forces, free media and civil society in the country, and that the international community should strive to enhance engagement, dialogue and contacts with Belarus. The Council of Europe has an important role to play in this regard. We must also continue our efforts to contribute to a democratic development in Belarus in order to facilitate its membership in the Council of Europe.

This summer we witnessed some very serious events in Turkey. The constitutional court in Turkey was investigating whether the ruling AK party had breached the constitution. The outcome of the decision was that the court did not ban the ruling AK party. It is important that this decision is followed up by the Council of Europe as I believe the decision opens up for further reforms also recalling Minister Bildts’ invitation to the Turkish authorities to make use of the Council of Europe’s expertise.

The elections in “the Former Yugoslav Republic of Macedonia” earlier on this summer showed worrying signs. Serious acts of violence and intimidation occurred even though the elections were technically well organised. It is important that we continue are efforts in assisting “the Former Yugoslav Republic of Macedonia” in their democratic reforms and path towards the European Union.

On 15 October Presidential elections will be held in Azerbaijan. The election is carefully being followed by the Committee of Ministers and we hope that they will be carried according to international standards. The elections will show whether or not the authorities are willing to follow international standards allowing free and fair elections.

An important question in the near future for the Council of Europe as whole but in particular to the Assembly is the election of a new Secretary General. Finding a good Secretary General who meets the Juncker criteria is important. In order to initiate the process Minister Bildt sent his colleagues a letter in July asking them to begin the process of finding a new Secretary General by identifying suitable candidates in their countries.

Regarding Kosovo, Sweden stands by its commitment to ensure a steady and peaceful transition towards an independent state under international supervision. Resolution 1244 still applies and the reconfiguration of the international civilian presence is now finally under way, initiated by the Un Secretary General. I can only reconfirm Minister Bildt’s position on this matter in his address to you in June - sincerely welcoming the transition from UNMIK to ICO and to EULEX, involving all areas. Not all governments share this view but a majority of the members of this Council do. In this respect, I would like to emphasize the importance of enabling continued activities of the Council of Europe as well as the OSCE.

Finally, I would like to bring up the necessity to intensify the strengthening of the principles of rule of law in the member states. A strategy on rule of law is being discussed in the Committee of Ministers. Hopefully it will be accepted during the Swedish Chairmanship. The work on this issue has to take place in close cooperation with other international actors such as the UN, EU and OSCE. Rule of law was a thematic issue during the committee meeting in May focusing on South-east Europe, and it is still a key concern.

As members of the Council of Europe we need to act responsible and safeguard the possibilities of the Council of Europe. The role of the Parliamentary Assembly is pivotal for our joint efforts to uphold democratic values in Europe.

Ladies and gentlemen, thank you for your attention.